Digital Commons Network^™

New Means Of Financing Tort Lawsuits And Law Firms: Presentation Of Professor Anthony Sebok, Anthony J. Sebok

Articles

The article explores the role of third-party financing in litigation, focusing on its historical development, ethical implications, and modern applications in addressing the challenges of negative value claims in mass torts and consumer litigation. It examines various forms of third-party support, including assignment, maintenance, champerty, and factoring, and evaluates their potential to facilitate access to justice while raising important legal and ethical considerations.

Data: The Good, The Bad And The Ethical, John D. Kelleher, Filipe Cabral Pinto, Luis M. Cortesao

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It is often the case with new technologies that it is very hard to predict their long-term impacts and as a result, although new technology may be beneficial in the short term, it can still cause problems in the longer term. This is what happened with oil by-products in different areas: the use of plastic as a disposable material did not take into account the hundreds of years necessary for its decomposition and its related long-term environmental damage. Data is said to be the new oil. The message to be conveyed is associated with its intrinsic value. But as in …

Mathematical Model Of The Role Of Asymptomatic Infection In Outbreaks Of Some Emerging Pathogens, Nourridine Siewe, Bradford Greening Jr., Nina H. Fefferman

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Preparation for outbreaks of emerging infectious diseases is often predicated on beliefs that we will be able to understand the epidemiological nature of an outbreak early into its inception. However, since many rare emerging diseases exhibit different epidemiological behaviors from outbreak to outbreak, early and accurate estimation of the epidemiological situation may not be straightforward in all cases. Previous studies have proposed considering the role of active asymptomatic infections co-emerging and co-circulating as part of the process of emergence of a novel pathogen. Thus far, consideration of the role of asymptomatic infections in emerging disease dynamics have usually avoided considering …

State Of The Art In Composition, Fabrication, Characterization, And Modeling Methods Of Cement-Based Thermoelectric Materials For Low-Temperature Applications, Xiaoli Liu, Ruchita Jani, Esther Orisakwee, Conrad Johnston, Piotr Chudzinski, Ming Qu, Brian Norton, Niall Holmes Dr., Jorge Kohanoff, Lorenzo Stella, Hongxi Yin, Kazuaki Yazawa

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The worldwide energy crisis and environmental deterioration are probably humanity’s greatest challenges. Thermoelectricity, which allows for the mutual conversion between thermal and electrical energy, has become a promising technology to alleviate this challenge. Increasingly more research focuses on how to fabricate and apply thermoelectric materials for harvesting energy and regulating the indoor thermal environment. However, only a few studies have focused on cementitious materials with thermoelectric potential. Thermoelectric cement is a composite material in which particular additives can enhance the thermoelectric performance of ordinary cement. By potentially replacing traditional construction materials with thermoelectric cement in building applications, electricity could be …

Do Greenhouse Gases Impact Our Respiratory System? A Study Of The Effect Of Greenhouse Gas Emissions On Respiratory Disease Related Mortality In Ireland, Anushree Priyadarshini, Christina Kenny

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Respiratory-related deaths are one of the major causes of morbidity and mortality every year in the developed world. Previous research outlines that greenhouse gas emission levels have a negative effect on respiratory health and can cause worsening of symptoms. This study examines the impact of greenhouse gas emissions on respiratory disease related mortality in Ireland from 2007-2017 using Statbank data from Central Statistics Office, Ireland. Analysis shows that over the last decade, while greenhouse gases emissions in Ireland have reduced by 1.1%, respiratory disease related mortality has increased on an average by 2.1%. Results indicate that greenhouse gas emis- sions …

A Review Of Bleeding Risk With Impella-Supported High-Risk Percutaneous Coronary Intervention, George W. Vetrovec, Amir Kaki, Thom G. Dahle

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Complex, high-risk percutaneous coronary intervention (HR-PCI) is increasingly being performed, often with mechanical circulatory support (MCS), though to date, there are limited randomised data on the efficacy of MCS for HR-PCI. The majority of MCS is provided by intra-aortic balloon pumps, but increasingly Impella® (Abiomed, Danvers, MA, USA) heart pumps are being used. While the Impella pumps provide greater increases in cardiac output, these devices require large bore access, which has been associated with an increased risk of bleeding and vascular complications. Decisions regarding the use of Impella are often based on risk–benefit considerations, with Impella-related bleeding risk being a …

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan

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Few medico-legal matters have generated as much controversy--both in the medical literature and in the courtroom--as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to “diagnose” child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in …

Coca-Cola: A Decisive Irs Transferpricing Victory, At Last, Reuven S. Avi-Yonah, Gianluca Mazzoni

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In this article, Avi-Yonah and Mazzoni examine the Tax Court’s decision in Coca-Cola, the first decisive IRS victory in a major transfer pricing case since 1979.

Labor Redemption In Work Law, Andrew Elmore

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People with criminal records are not a protected class under Title VII, and many employers fear that hiring people with criminal records invites negligent hiring liability. Ban the Box privacy laws delay but may not deter overbroad criminal background checks. This Article challenges this standard account by shifting focus to the state in imposing arbitrary barriers to work. I expose a dignity interest in the removal of these unnecessary barriers, or "labor redemption." I find foundations of labor redemption in successful constitutional challenges to denials of public employment and occupational licenses. Labor redemption is also, increasingly, a statutory right, in …

A Comparative Analysis Of Rule-Based, Model-Agnostic Methods For Explainable Artificial Intelligence, Giulia Vilone, Lucas Rizzo, Luca Longo

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The ultimate goal of Explainable Artificial Intelligence is to build models that possess both high accuracy and degree of explainability. Understanding the inferences of such models can be seen as a process that discloses the relationships between their input and output. These relationships can be represented as a set of inference rules which are usually not explicit within a model. Scholars have proposed several methods for extracting rules from data-driven machine-learned models. However, limited work exists on their comparison. This study proposes a novel comparative approach to evaluate and compare the rulesets produced by four post-hoc rule extractors by employing …

Exploring The Potential Of Defeasible Argumentation For Quantitative Inferences In Real-World Contexts: An Assessment Of Computational Trust, Lucas Rizzo, Pierpaolo Dondio, Luca Longo

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Argumentation has recently shown appealing properties for inference under uncertainty and conflicting knowledge. However, there is a lack of studies focused on the examination of its capacity of exploiting real-world knowledge bases for performing quantitative, case-by-case inferences. This study performs an analysis of the inferential capacity of a set of argument-based models, designed by a human reasoner, for the problem of trust assessment. Precisely, these models are exploited using data from Wikipedia, and are aimed at inferring the trustworthiness of its editors. A comparison against non-deductive approaches revealed that these models were superior according to values inferred to recognised trustworthy …

Lightgwas: A Novel Machine Learning Procedure For Genome-Wide Association Study, Ambrozio Bruno, Luca Longo, Lucas Rizzo

Articles

This paper proposes a novel machine learning procedure for genome-wide association study (GWAS), named LightGWAS. It is based on the LightGBM framework, in addition to being a single, resilient, autonomous and scalable solution to address common limitations of GWAS implementations found in the literature. These include reliance on massive manual quality control steps and specific GWAS methods for each type of dataset morphology and size. Through this research, LightGWAS has been contrasted against PLINK2, one of the current state-of-the-art for GWAS implementations based on general linear model with support to firth regularisation. The mean differences measured upon standard classification metrics, …

Taxes As Pandemic Controls, Ashley C. Craig, James R. Hines Jr.

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Tax policy can play important roles in limiting the spread of communicable disease and in managing the economic fallout of a pandemic. Taxes on business activities that bring workers or customers into close contact with each other offer efficient alternatives to broad regulatory measures, such as shutdowns, that have been effective but enormously costly. Corrective taxation also helps raise the revenue required to cover elevated government expenditure during a pandemic. Moreover, the restricted consumer choice that accompanies a pandemic reduces the welfare cost of raising tax revenue from higher-income taxpayers, making it a good time for deficit closure. Current U.S. …

All-Caps, Yonathan A. Arbel, Andrew Toler

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A hallmark of consumer contracts is their use of long blocks of capitalized text. These "all-caps" clauses are meant to alert consumers to nonstandard, risky, or important aspects of the transaction that would otherwise be hidden in the fine print. Based on a belief in the power of all-caps, courts will often deny enforcement of many key terms-such as war­ranty disclaimers, liability releases, arbitration clauses, and automatic billing-unless they are presented in all-caps. This article is the first to empirically examine the effectiveness of all-caps. Using an experimental methodology, the article finds that all-caps fail to apprecia­bly improve consent. Moreover, …

Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele Stewart

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No abstract provided.

The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps

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Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the "death" or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …

On The Generation, Structure, And Semantics Of Grammar Patterns In Source Code Identifiers, Christian D. Newman,, Reem S. Alsuhaibani, Michael J. Decker, Anthony Peruma, Dishant Kaushik, Mohamed Wiem Mkaouer, Emily Hill

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Identifier names are the atoms of program comprehension. Weak identifier names decrease developer productivity and degrade the performance of automated approaches that leverage identifier names in source code analysis; threatening many of the advantages which stand to be gained from advances in artificial intelligence and machine learning. Therefore, it is vital to support developers in naming and renaming identifiers. In this paper, we extend our prior work, which studies the primary method through which names evolve: rename refactorings. In our prior work, we contextualize rename changes by examining commit messages and other refactorings. In this extension, we further consider data …

Populist Nationalism Threatens Health And Human Rights In The Covid-19 Response, Caitlin R. Williams, Jocelyn Getgen Kestenbaum, Benjamin Mason Meier

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COVID-19 demands international cooperation, yet populist nationalism is resurgent, threatening public health, human rights, and global governance. In responding to the pandemic, populist nationalism and global solidarity represent distinct paths, with enduring consequences for health and human rights.

Thermoformed Containers Based On Starch And Starch/Coffee Waste Biochar Composites, Carlos Diaz, Rahul Ketan Shah, Tyler Evans, Thomas A. Trabold, Kathleen Draper

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Biodegradable containers support zero-waste initiatives when alternative end-of-life scenarios are available (e.g., composting, bio digestion). Thermoplastic starch (TPS) has emerged as a readily biodegradable and inexpensive biomaterial that can replace traditional plastics in applications such as food service ware and packaging. This study has two aims. First, demonstrate the thermoformability of starch/polycaprolactone (PCL) as a thermoplastic material with varying starch loadings. Second, incorporate biochar as a sustainable filler that can potentially lower the cost and enhance compostability. Biochar is a stable form of carbon produced by thermochemical conversion of organic biomass, such as food waste, and its incorporation into consumer …

Association Of Metabolomic Biomarkers With Sleeve Gastrectomy Weight Loss Outcomes, Wendy Miller, Kathryn Ziegler, Stewart Graham, Michael Maddens, Matthew Sims

Articles

Background: Factors influencing weight loss variability following sleeve gastrectomy (SG) are not well understood. We evaluated the correlation of metabolomic biomarkers with weight loss outcomes. Methods: This prospective study evaluated the metabolomic profile of feces and serum prior to SG and three months post-SG, along with weight loss outcomes at three months post-SG (N=45). Serum and fecal samples were quantitatively profiled using a combination of 1H NMR and DI-LC-MS/MS (AbsoluteIDQ P180 kit (Biocrates, Innsbruck)). Results: Percent total weight loss (%TWL) for the lowest versus the highest weight loss tertiles (T1 vs T3) was 11.1 + 0.8% and 17.0 + 1.3%, …

Enhancing The Visibility Of Vernier Effect In A Tri-Microfiber Coupler Fiber Loop Interferometer For Ultrasensitive Refractive Index And Temperature Sensing, Fangfang Wei, Dejun Liu, Zhe Wang, Zhuochen Wang, Gerald Farrell, Qiang Wu, Gang-Ding Peng, Yuliya Semenova

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In this paper a Vernier effect based sensor is analyzed and demonstrated experimentally in a tri-microfiber coupler (Tri-MFC) and polarization-maintaining fiber (PMF) loop interferometer (Tri-MFC-PMF) to provide ultrasensitive refractive index and temperature sensing. The main novelty of this work is an analysis of parameters of the proposed Tri-MFC-PMF with the objective of determining the conditions leading to a strong Vernier effect. It has been identified by simulation that the Vernier effect is a primary factor in the design of Tri-MFC-PMF loop sensing structure for sensitivity enhancement. It is furthermore demonstrated experimentally that enhancing the visibility of the Vernier spectrum in …

Managerial Incentives To Repeatedly Collude: Frequency, Partners And Governance Rules, Catarina Marvao Dr., Chloé Le Coq

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Cartel recidivism has been discovered among many convicted firms and is often perceived as a result of the limited efficiency of competition policy. The incentives for managers to collude have been linked to the firm’s organizational structure, the corporate culture, and the type of executive compensation packages in place.

To the extent that undetected cartels differ from detected ones in relevant dimensions, the current empirical results on illegal cartels are biased. To tackle this issue, we use a novel dataset of a population of cartels, which were legal in Sweden up until 1993. We contribute to the current debate on …

The Behavioral Effects Of (Unenforceable) Contracts, Evan Starr, Jj Prescott, Norman Bishara

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Do contracts influence behavior independent of the law governing their enforceability? We explore this question in the context of employment noncompetes using nationally representative data for 11,500 labor force participants. We show that noncompetes are associated with reductions in employee mobility and changes in the direction of that mobility (i.e., toward noncompetitors) in both states that do and do not enforce noncompetes. Decomposing mobility into job offer generation and acceptance, we detect no evidence of differences in job search, recruitment, or offer activity associated with noncompetes. Rather, we find that employees with noncompetes—even in states that do not enforce them—frequently …

Incorporating Social Science Into Criminal Defense Practice, Eve Brensike Primus

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In recent decades, social scientists have created a treasure trove of empirical and sociological data that defenders can and should use to help their clients. Evidence rules, criminal law, and criminal procedure are filled with concepts informed by social science. When is evidence likely to unfairly prejudice a defendant in the eyes of a jury? Do police interact differently with members of minority populations and how should that inform concepts of reasonableness? How easy or difficult is it for people to identify individuals they see during high-stress criminal episodes? How effective are police interrogation tactics at getting at the truth …

Towards An Urban Disability Agenda, Samuel R. Bagenstos

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The overwhelming majority of Americans with disabilities live in metropolitan areas. Yet those areas continue to contain significant barriers that keep disabled people from fully participating in city life. Although political and social debate has periodically turned its attention to urban issues or problems — or even the so-called “urban crisis” — during the past several decades, it has too rarely attended to the issues of disability access. When political debate has focused on disability issues, it has tended to address them in a nationally uniform way, without paying attention to the particular concerns of disabled people in cities. Even …

A Reference Data Set For Image Registration Of The Pelvis Using Combinatorial Rigid Registration Optimization (Corro)., Afua A Yorke, David Solis Jr, Thoas Guerrero

Articles

Purpose Clinical image pairs provide the most realistic test data for image registration evaluation. However, the optimal registration is unknown. Using combinatorial rigid registration optimization (CORRO) we demonstrate a method to estimate the optimal alignment for rigid-registration of clinical image pairs.

Methods Expert selected landmark pairs were selected for each CT/CBCT image pair for six cases representing head and neck, thoracic, and pelvic anatomic regions. Combination subsets of a k number of landmark pairs (k-combination set) were generated without repeat to form a large set of k-combination sets (k-set) for k = 4,8,12. The rigid transformation between the image pairs …

Unwaivable: Public Enforcement Claims And Mandatory Arbitration, Myriam E. Gilles, Gary Friedman

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This essay, written for a conference on the “pathways and hurdles” that lie ahead in consumer litigation, is the first to examine the implications of California’s recent jurisprudence holding public enforcement claims unwaivable in standard-form contracts of adhesion, and the inevitable clash with the U.S. Supreme Court’s decisional law interpreting the Federal Arbitration Act. With its rich history of rebuffing efforts to deprive citizens of public rights through private contract, California provides an ideal laboratory for exploring this escalating conflict.

Safety Of Vitamin D2 Mushroom Powder As A Novel Food Pursuant To Regulation (Eu) 2015/2283, John Kearney, Dominique Turck, Jacqueline Castenmiller, Stefaan De Henauw

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Following a request from the European Commission, the EFSA Panel on Nutrition, Novel Foods and Food Allergens (NDA) was asked to deliver a scientific opinion on vitamin D2 mushroom powder as a novel food (NF) pursuant to Regulation (EU) 2015/2283. The NF is an ingredient produced from Agaricus bisporus mushrooms that have been exposed to ultraviolet (UV) light to induce the conversion of provitamin D2 (ergosterol) to vitamin D2 (ergocalciferol). The NF contains concentrations of vitamin D provided by vitamin D2 in the ranges of 1,000–1,300 lg/g. The information provided on the manufacturing process, composition and specifications of the NF …

The Executive Branch Anticanon, Deborah Pearlstein

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Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …

A Hybrid Agent-Based And Equation Based Model For The Spread Of Infectious Diseases, Elizabeth Hunter, Brian Mac Namee, John D. Kelleher

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Both agent-based models and equation-based models can be used to model the spread of an infectious disease. Equation-based models have been shown to capture the overall dynamics of a disease outbreak while agent-based models are able to capture heterogeneous characteristics of agents that drive the spread of an outbreak. However, agent-based models are computationally intensive. To capture the advantages of both the equation-based and agent-based models, we create a hybrid model where the disease component of the hybrid model switches between agent-based and equation-based. The switch is determined using the number of agents infected. We first test the model at …