Digital Commons Network^™

Reconsidering Ross: The Interplay Of Aedpa, Criminal Appeals, And The Right To Counsel, Kimberly A. Thomas

Articles

This piece highlights features of our current law that converge to say that we should reconsider Ross: (1) the utility of counsel on discretionary review, which has been underexplored, both before and after Ross; (2) the increased importance, in modern criminal law, of direct appeals; and relatedly, the U.S. Supreme Court’s interpretation of AEDPA that has moved most of the significant windows for substantive criminal law change into the direct appeal; and, finally, (3) perhaps an increased sliver of doctrinal sunlight in which to think about chipping away at Ross. Given the first two developments, the possible window to think …

Respecting Autonomy And Enabling Diversity: The Effect Of Eligibility And Enrollment On Research Data Demographics, Kayte Spector-Bagdady, Shengpu Tang, Sarah Jabbour, Nicholson Price, Ana Bracic, Melissa S. Creary, Sachin Kheterpal, Chad M. Brummett, Jenna Wiens

Articles

Many promising advances in precision health and other Big Data research rely on large data sets to analyze correlations among genetic variants, behavior, environment, and outcomes to improve population health. But these data sets are generally populated with demographically homogeneous cohorts. We conducted a retrospective cohort study of patients at a major academic medical center during 2012–19 to explore how recruitment and enrollment approaches affected the demographic diversity of participants in its research biospecimen and data bank. We found that compared with the overall clinical population, patients who consented to enroll in the research data bank were significantly less diverse …

Stanley Surrey, The 1981 Us Model, And The Single Tax Principle, Reuven S. Avi-Yonah

Articles

2021 marks the fortieth anniversary of the 1981 US Model Tax Treaty as well as the fifth anniversary of the 2016 US Model Tax Treaty. The first author has repeatedly argued that the 1981 Model gave life to the single tax principle (‘STP’). The 2016 Model updates effectively implemented the principle that cross-border income should be taxed once – that is not more and but also not less than once. For example, the 2016 Model does not reduce withholding taxes on payments of highly mobile income that are made to related persons that enjoy low or no taxation with respect …

Are We There Yet? Discovery For The New Litigator, Erin Rhinehart, Leonard M. Niehoff

Articles

If the road is life, then discovery is litigation. It is how we reach our destination. Unfortunately, discovery is like getting there with someone in the backseat.

Anyone who has ever traveled with passengers, especially children, knows how it plays out. In the beginning, everybody is excited. Everyone gleefully piles into the car, eager to launch. No one has any trouble amusing themselves. A couple hours in, a bathroom break and gas station snack later, it hits. The adrenaline wears off and the tedium kicks in. And then you hear the dreaded cry coming from the rear: Are we there …

Race And The First Amendment: A Compendium Of Resources, Solomon F. Worlds, Leonard M. Niehoff

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This article provides summaries of law review articles and books that consider the complex relationship between racial justice and free speech. It seeks to assist law students, legal scholars, judges, and practitioners to think more deeply about the intersection between these critically important values. It describes scholarship that views these values as complementary, but also scholarship that views them as conflicting.

Beyond Plea Bargaining: A Theory Of Criminal Settlement, Richard Lorren Jolly, J.J. Prescott

Articles

Settlement is a term rarely used in criminal law. Instead, people speak almost exclusively of plea bargaining—i.e., enforceable agreements in which a defendant promises to plead guilty in exchange for a prosecutor’s promise to seek leniency in charging or at sentencing. But a traditional plea agreement is just the most visible instance of a much broader class of possible criminal settlement agreements. In terms of their fundamentals, criminal settlements are indistinguishable from their civil counterparts: through either an atomized or comprehensive bargain, parties exchange what they have for what they want, advancing their respective interests in cost minimization, risk mitigation, …

Understanding National Remedies And The Principle Of National Procedural Autonomy: A Constitutional Approach, Daniel H. Halberstam

Articles

This article provides a constitutionally grounded understanding of the vexing principle of ‘national procedural autonomy’ that haunts the vindication of EU law in national court. After identifying tensions and confusion in the debate surrounding this purported principle of ‘autonomy’, the Article turns to the foundational text and structure of Union law to reconstruct the proper constitutional basis for deploying or supplanting national procedures and remedies. It further argues that much of the case law of the Court of Justice of the European Union may be considered through the lens of ‘prudential avoidance’, ie the decision to avoid difficult constitutional questions …

The Energy Transition And Mining: Reconciling The Growth Of Renewable Energy With The Need For New Mineral Development, Alexandra B. Klass, Allison J. Mitchell

Articles

Under the Paris Agreement, the global governmental signatories embraced the goal to hold global average temperature increase to “well below 2°C above pre-industrial levels” while “pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels.” Almost every country in the world signed on to the Paris Agreement, adopting the prevailing science that anthropocentric greenhouse gas emissions would result in rising global temperatures and catastrophic damages from climate change in the absence of immediate action. In pursuit of this goal, the signatories agreed that all member countries would work together to bring greenhouse gas emissions to zero within the …

The Challenge Of Sustainable Consumption For Governance And Policy Development—A Systematic Review, Vivienne Byers, Alan Gilmer

Articles

The modern industry discourse on sustainability is the idea of ‘green growth’, which is described as the paradox of the continuation of increased economic growth, at the same time as increasing sustainability. Policy makers face the challenge of how to encourage and sustain appropriate levels of individual behavioural change to manage consumption in a changing environment. In addressing this challenge, this study seeks to move beyond discrete elements of human consumption behaviour and develop a better understand of the wider inputs including culture, societal norms, institutions and governance. The research methodology adopted uses a systematic literature review approach coupled with …

Responding To Stigmatization: How To Resist And Overcome The Stigma Of Unemployment, Paul Donnelly, Lucia Garcia-Lorenzo, Lucia Sell-Trujillo

Articles

Organization research on stigma has mostly focused on the stigmatized, limiting the scope for exploring what is possible and lacking recognition of the structural conditions and unequal power relations that create and sustain stigma. Consequently, it overlooks how actors can organize to resist and potentially overcome stigmatization altogether. Addressing this question empirically, we studied the long-term unemployed in Spain using a longitudinal qualitative research design. We develop a typology of responses to stigmatization – getting stuck, getting by, getting out, getting back at and getting organized – that advances our understanding of stigma in several ways. First, our typology captures …

Parents' Experiences Of A Language-Focused Home Visiting Scheme In Ireland, Aisling Ni Dhiorbhain Dr, Maire Mhic Mhathuna, Padraig Ó Duibhir Dr

Articles

This article reports parents’ experiences of the Tús Maith (Good Start) home visiting scheme in South-West Ireland. The goal of Tús Maith is to support parents who wish to speak Irish to their children at home in the Kerry Gaeltacht, an Irish-speaking heartland area. Home visitors spend an hour a week, over a period of six weeks, interacting with children and parents with varying levels of competency in Irish. Home visitors who are native speakers of Irish, offer individualised guidance on how to promote the use of Irish as a home language, while encouraging families to engage in activities …

A Comparison Of Anthropometric And Performance Profiles Between Elite And Sub-Elite Hurling Players, John Keane, Shane Malone, Ciaran Keogh, Damian Young, Guiseppe Coratella, Kieran Collins

Articles

The aim of the current study was to identify the specific differences in anthropometric and performance profiles between elite and sub-elite hurling players with respect to position and level of play. One hundred and thirty-seven (n = 137) hurlers at the elite (n = 61) and sub-elite (n = 76) level completed a series of anthropometric [height, body mass, the sum of seven skinfolds, adipose tissue percentage estimates (%AT), fat-free mass estimations (FFM)) and performance ((countermovement jump height (CMJ), CMJ peak power (CMJ PP), CMJ relative peak power (CMJ RPP), acceleration (5, 10 and 20 m), and yo-yo intermittent recovery …

Quantifying The Training And Match-Play External And Internal Load Of Elite Gaelic Football Players, Shane Malone, Kieran Collins, Allistair Mcrobert, Dominic Doran

Articles

The current investigation quantified the training and match-play load of elite Gaelic football players across a two-season period using global positioning system technology (GPS), rating of perceived exertion (RPE) and sessional rating of perceived exertion (sRPE). Total weekly workload variables were collected across GPS, RPE, and sRPE across thirty-six elite Gaelic footballers (mean ± SD, age: 26 ± 5 years; height: 177 ± 8 cm; mass: 81 ± 7 kg) from one elite squad during a two-season observational period. External training load variables included: Total distance (m), High speed running (m; ≥ 17.1 km·h −1 ), Sprint distance (m; 22 …

Fedoram: A Federated Oblivious Ram Scheme, Alexandre Pujol, Liam Murphy, Christina Thorpe

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Instant messaging (IM) applications, even with end-to-end encryption enabled, pose privacy issues due to metadata and pattern leakage. Our goal is to develop a model for a privacy preserving IM application, by designing an IM application that focuses on hiding metadata and discussion patterns. To solve the issue of privacy preservation through the obfuscation of metadata, cryptographic constructions like Oblivious Random Access Machines (ORAM) have been proposed in recent years. However, although they completely hide the user access patterns, they incur high computational costs, often resulting in excessively slow performance in practice. We propose a new federated model, FedORAM, which …

Covid-19 Prediction Using Lstm Algorithm: Gcc Case Study, Kareem Kamal A. Ghany, Hossam Zawbaa, Heba M. Sabri

Articles

Coronavirus-19 (COVID-19) is the black swan of 2020. Still, the human response to restrain the virus is also creating massive ripples through different systems, such as health, economy, education, and tourism. This paper focuses on research and applying Artificial Intelligence (AI) algorithms to predict COVID-19 propagation using the available time-series data and study the effect of the quality of life, the number of tests performed, and the awareness of citizens on the virus in the Gulf Cooperation Council (GCC) countries at the Gulf area. So we focused on cases in the Kingdom of Saudi Arabia (KSA), United Arab of Emirates …

Case Study: Transition To A Vegan Diet In An Elite Male Gaelic Football Player, Daniel Davey, Shane Malone, Brendan Egan

Articles

Vegan diets are increasingly of interest to athletes, but require a well-planned approach in order to mitigate the risk of potential adverse effects on nutrient intakes, and consequently performance. This case study reports the process of an elite male Gaelic football player (age 25 years; height, 1.88 m; body mass, 87.8 kg; lean body mass, 73.26 kg; body fat, 11.3%) transitioning from an omnivorous diet to a vegan diet at the beginning of a competitive season. The report encompasses key considerations in the planning and provision of nutrition support in this context, in addition to iterations needed based on challenges …

What’S In A Name? Applying The Syndemic Perspective To Covid-19 In Ireland, Chris O'Ralaigh

Articles

The term pandemic, pro-offers a vision of COVID-19 abstracted from its social, economic, and political context, suggesting a socially neutral phenomena framed within a medicalised discourse. An etymological and theoretical re-conceptualisation of COVID-19 as a syndemic re-situates the virus within these contexts, allowing an interrogation of the oft-stated claim, discussed in this journal (Nolan, 2020) that ‘we are all in this together’ and a deeper analysis of the viruses impact on particular social groupings. Several recent articles have posited that the syndemic label applies to COVID-19 at an international level (Bambra et al., 2020; Hill et al., 2020; Horton, 2020) …

Beware Of Strangers Bearing Gifts, Anthony J. Sebok

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No abstract provided.

A System For Resilience Learning: Developing A Community-Driven, Multi-Sector Research Approach For Greater Preparedness And Resilience To Long-Term Climate Stressors And Extreme Events In The Miami Metropolitan Region, Abigail L. Fleming, Tiffany G. Troxer, Amy C. Clement, Yoca Arditi-Rocha, Gretchen Beesing, Mahadev Bhat, Jessica Bolson, Carissa Cabán-Alemán, Karina Castillo, Olivia Collins, Mayra Cruz, Alan Dodd, Scotney D. Evans, Carlos Genatios, Jane Gilbert, Alyssa Hernandez, Cheryl Holder, Maria Ilcheva, Elizabeth Kelly, Arturo Leon, Joanna Lombard, Katharine J. March, Diana Moanga, James F. Murley, Amy Knowles, Jayantha Obeysekera, Loren Parra, Jennifer Posner, Arif Sarwat, Rachel Silverstein, John A. Stuart, Michael C. Sukop, Shimon Wdowinski, Elizabeth Wheaton

Articles

There is a growing need for integrated approaches that align community priorities with strategies that build resilience to climate hazards, societal shocks, and economic crises to ensure more equitable and sustainable outcomes. We anticipate that adaptive management and resilience learning are central elements for these approaches. In this paper, we describe an approach to build and test a Resilience Learning System to support research and implementation of a resilience strategy developed for the Greater Miami and the Beaches or the Resilient305 Strategy. Elements foundational to the design of this integrated research strategy and replicable Resilience Learning System are: (1) strong …

Franchisor Power As Employment Control, Andrew Elmore, Kati L. Griffith

Articles

Labor and employment laws are systematically underenforced in low-wage, franchised workplaces. Union contracts, and the benefits and protections they provide, are nonexistent. The Fight for Fifteen movement has brought attention to the low wages, systemic violations of workers' rights, and lack of collective representation in fast-food franchises. Given that franchisees can be judgment-proof and cannot set industry standards, the deterrence, remedial, and collective bargaining goals of labor and employment laws can depend on holding the franchisor (the brand) responsible under the joint employer doctrine. In a series of cases, however, a dominant approach has emerged that essentially foreclosed the possibility …

Labor’S New Localism, Andrew Elmore

Articles

Millions of workers in the United States, disproportionately women, immigrants, and people of color, perform low-paid, precarious work. Few of these workers can improve their workplace standards because the National Labor Relations Act ("NLRA") does not sufficiently protect their right to form unions and collectively bargain. Lacking sufficient influence in federal and state government to strengthen labor and employment law, unions and worker centers have increasingly sought to build power in cities. The shift to local labor lawmaking has delivered local minimum wage, paid sick leave, and fair scheduling ordinances covering millions of low-wage workers, as well as groundbreaking unionization …

Restorative Approaches To Intimate Partner Violence And Sexual Harm, Donna Coker (Ed.)

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No abstract provided.

The Paris Agreement Compliance Mechanism: Beyond Cop 26, Jessica Owley, Imad Antoined Ibrahim, Sandrine Maljean-Dubois

Articles

Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties. The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation. Countries determine their own commitments by setting nationally determined contributions of greenhouse gases emissions. The main mandatory elements of the agreement are reporting requirements. The success of the agreement turns on whether countries comply with these requirements. Article 15 of the Paris Agreement establishes a Compliance Committee and sets forth the mechanisms to ensure and facilitate compliance with the agreement. Yet, as with the …

Private Confederate Monuments, Jessica Owley, Jess Phelps, Sean W. Hughes

Articles

As public Confederate monuments finally begin to come down across the nation, we are seeing an emergence of Confederate monuments on private lands. The number of private Confederate monuments is increasing both with the construction of new monuments and, more significantly, the relocation of monuments from public land. This Article explains why private Confederate monuments are likely to be the next battleground over these controversial and troubling statues. Through ten detailed examples, we show how private Confederate monuments emerge and how communities are responding to them. The challenges related to monuments on private land are different than those on public …

Booktalk: The Cult Of The Constitution, Mary Anne Franks

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No abstract provided.

A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez

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No abstract provided.

The Virtual Law School, 2.0, A. Michael Froomkin

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Just over twenty years ago I gave a talk to the AALS called The Virtual Law School? Or, How the Internet Will De-skill the Professoriate, and Turn Your Law School Into a Conference Center. I came to the subject because I had been working on internet law, learning about virtual worlds and e-commerce, and about the power of one-to-many communications, and it struck me that a lot of what I had learned applied to education in general and to legal education in particular.
It didn't happen. Or at least, it has not happened yet. In this essay I want …

French Military Masculinities And The Birth Of Cinéma Colonial: Triangulating Queer Desire In Jacques Feyder’S L’Atlantide (1921), Barry Nevin

Articles

Jacques Feyder’s L’Atlantide (1921) is widely considered not only cinéma colonial’s first major representative example but also one of the genre’s most emblematic narratives. However, ambiguities in the film’s portrayal of the mission civilisatrice have received comparatively little analysis. This article aims to expand on our understanding of L’Atlantide and the mirror it held up to interwar France in three main stages. First, it situates the film’s discourses of gender and colonialism within present post-colonial scholarship. Second, it analyses the aesthetic and political contexts of L’Atlantide, paying particular attention to how the film offered a remedy to France’s ailing postwar …

Government Speech And First Amendment Capture, Caroline Mala Corbin

Articles

Alarm regarding government speech is not new. In earlier decades, scholars worried that the government's speech might monopolize a marketplace and drown out opposing viewpoints. But today, using a move I term "First Amendment capture," the government need not be the loudest speaker because it can become the only speaker. First Amendment capture has been made possible by the Supreme Court's developing government speech doctrine, which holds that government speech is not subject to the Free Speech Clause. Consequently, once speech is declared governmental, the government may censor viewpoints it does not like. First Amendment capture categorizing contested speech as …

Emerging Avenues Immunotherapy For The Management Of Malignant Pleural Mesothelioma, Steven Gray

Articles

Background: The role of immunotherapy in cancer is now well-established, and therapeutic options such as checkpoint inhibitors are increasingly being approved in many cancers such as non-small cell lung cancer (NSCLC). Malignant pleural mesothelioma (MPM) is a rare orphan disease associated with prior exposure to asbestos, with a dismal prognosis. Evidence from clinical trials of checkpoint inhibitors in this rare disease, suggest that such therapies may play a role as a treatment option for a proportion of patients with this cancer. Main text: While the majority of studies currently focus on the established checkpoint inhibitors (CTLA4 and PD1/ PDL1), there …