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Articles 2461 - 2490 of 14045
Full-Text Articles in Entire DC Network
What's Left Of The Affordable Care Act?, Helen Levy, Andrew Ying, Nicholas Bagley
What's Left Of The Affordable Care Act?, Helen Levy, Andrew Ying, Nicholas Bagley
Articles
We assess the progress of the Affordable Care Act a decade after it became law. Although most of it remains intact, some parts have been repealed and others have not been implemented as expected. We review how and why the law has aged. Legal challenges have done less damage than is commonly appreciated, with the exception of the Supreme Court case that thwarted full expansion of Medicaid. Most of the important changes have other sources. Some parts were born to fail. Others were dismantled in response to interest-group pressure. Still others have failed to thrive for any number of reasons. …
Italian Sociologists: A Community Of Disconnected Groups, Aliakbar Akbaritabar, Vincent Traag, Alberto Caimo, Flaminio Squazzoni
Italian Sociologists: A Community Of Disconnected Groups, Aliakbar Akbaritabar, Vincent Traag, Alberto Caimo, Flaminio Squazzoni
Articles
Examining coauthorship networks is key to study scientific collaboration patterns and structural characteristics of scientific communities. Here, we studied coauthorship networks of sociologists in Italy, using temporal and multi-level quantitative analysis. By looking at publications indexed in Scopus, we detected research communities among Italian sociologists. We found that Italian sociologists are fractured in many disconnected groups. The giant connected component of the Italian sociology could be split into five main groups with a mixture of three main disciplinary topics: sociology of culture and communication (present in two groups), economic sociology (present in three groups) and general sociology (present in three …
Cultural Ip Vs. Commercial Ip [Notes], J. Janewa Osei-Tutu
Cultural Ip Vs. Commercial Ip [Notes], J. Janewa Osei-Tutu
Articles
No abstract provided.
Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman
Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman
Articles
This Article, prepared for a Georgetown Law Journal symposium on the Nineteenth Amendment’s one-hundred-year anniversary, explores and defends a “thick” conception of the Nineteenth Amendment right to vote and Congress’s power to enforce it. A “thin” conception of the Nineteenth Amendment maintains that the Amendment merely prohibits states from enacting laws that prohibit women from voting once the state decides to hold an election. And a “thin” conception of Congress’s power to enforce the Nineteenth Amendment maintains that Congress may only supply remedies for official acts that violate the Amendment’s substantive guarantees. This Article argues the Nineteenth Amendment does more. …
May The State Punish What It May Not Prevent?, Gabriel S. Mendlow
May The State Punish What It May Not Prevent?, Gabriel S. Mendlow
Articles
In Why Is It Wrong To Punish Thought? I defended an overlooked principle of criminalization that I called the Enforceability Constraint. The Enforceability Constraint holds that the state may punish transgressions of a given type only if the state in principle may forcibly disrupt such transgressions on the ground that they are criminal wrongs. As I argued in the essay, the reason why the state is forbidden from punishing thought is that the state is forbidden from forcibly disrupting a person’s mental states on the ground that they are criminally wrongful (as opposed to, say, on the ground that they …
Prosecutorial Declination Statements, Jessica A. Roth
Prosecutorial Declination Statements, Jessica A. Roth
Articles
This Article examines how prosecutors convey to various audiences their decisions not to charge in discrete cases. Although prosecutors regularly issue public statements about their declinations—and anecdotal evidence suggests that declination statements are on the rise—there is an absence of literature discussing the interests that such statements serve, the risks that they pose, and how such statements are consistent with the prosecutorial function. Prosecutors also operate in this space without clear ground rules set by law, policies, or professional standards. This Article attempts to fill that void. First, it theorizes the interests potentially advanced by such statements—characterized as signaling, accountability, …
Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland
Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland
Articles
No abstract provided.
The Power Of A Clean Slate, J.J. Prescott, Sonja B. Starr
The Power Of A Clean Slate, J.J. Prescott, Sonja B. Starr
Articles
Tens of millions of Americans have criminal records, including about 20 million with felony convictions. Conviction records automatically trigger countless collateral legal consequences, such as occupational restrictions that bar employers from hiring qualified candidates. Moreover, research overwhelmingly shows that bearing a criminal record raises significant barriers to employment, housing, and various other opportunities. These persistent obstacles can overwhelm an individual’s efforts at reintegration and can aggravate poverty, inequality, and racial disparities in our society. And because factors like unemployment and housing instability contribute to crime risk, these effects in turn make society less safe.
A Sentence Need Not Begin With A Capital Letter, Jakob Patekar
A Sentence Need Not Begin With A Capital Letter, Jakob Patekar
Articles
This paper examines the challenge of starting a sentence with a proper noun or an abbreviation that is written with an initial lowercase letter (e.g. iPhone, danah boyd, pH). Traditionally, placing such words at the beginning of a sentence would be avoided, but this limits one's syntax and style. Hence, the aim of this paper is to explore the rules and practices of writing certain proper nouns and abbreviations with a lowercase letter and starting a sentence with such words in Croatian and English. Therefore, we reviewed the rules and guidelines in orthography handbooks and style guides, analyzed the corpora …
Supporting Disaster Resilience Spatial Thinking With Serious Geogames: Project Lily Pad, Brian Tomaszewski, Amy Walker, Emily Gawlik, Casey Lane, Scott William, Deborah Orieta, Claudia Mcdaniel, Matthew Plummer, Anushka Nair, Nicolas San Jose, Kyle Pecsok, Emma Thomley, Erin Mahoney, Emily Haberlack, David Schwartz
Supporting Disaster Resilience Spatial Thinking With Serious Geogames: Project Lily Pad, Brian Tomaszewski, Amy Walker, Emily Gawlik, Casey Lane, Scott William, Deborah Orieta, Claudia Mcdaniel, Matthew Plummer, Anushka Nair, Nicolas San Jose, Kyle Pecsok, Emma Thomley, Erin Mahoney, Emily Haberlack, David Schwartz
Articles
The need for improvement of societal disaster resilience and response efforts was evident after the destruction caused by the 2017 Atlantic hurricane season. We present a novel conceptual framework for improving disaster resilience through the combination of serious games, geographic information systems (GIS), spatial thinking, and disaster resilience. Our framework is implemented via Project Lily Pad, a serious geogame based on our conceptual framework, serious game case studies, interviews and real-life experiences from 2017 Hurricane Harvey survivors in Dickinson, TX, and an immersive hurricane-induced flooding scenario. The game teaches a four-fold set of skills relevant to spatial thinking and disaster …
Transgender Labour Market Outcomes: Evidence From The Us, Klavs Ciprikis, Damien Cassells, Jenny Berrill
Transgender Labour Market Outcomes: Evidence From The Us, Klavs Ciprikis, Damien Cassells, Jenny Berrill
Articles
Alternative labour market outcomes for men and women have been studied extensively in past literature. However, existing studies fail to directly compare labour market differences between transgender and non-transgender people. We utilize data from the 2015 Behavioral Risk Factor Surveillance Sys- tem in the United States to examine employment and wage differentials between transgender persons and non- transgender people using the Fairlie decomposition method of 2005. Our findings suggest that transgender people are less likely than non-transgender people to be employed, and are more likely than non-transgender people to receive lower wages. While some of the difference in employment and …
Questions Concerning Attention And Stiegler’S Therapeutics, Noel Fitzpatrick
Questions Concerning Attention And Stiegler’S Therapeutics, Noel Fitzpatrick
Articles
The article sets out to develop the concept of attention as a key aspect to building the possible therapeutics that Bernard Stiegler’s recent works have pointed to (The Automatic Society, 2016, The Neganthropocene, 2018 and Qu’appelle-t-on Panser, 2018). The therapeutic aspect of pharmacology takes place through processes that are neganthropic; therefore, which attempt to counteract the entropic nature of digital technologies where there is flattening out to the measurable and the calculable of Big Data. The most obvious examples of this flattening out can be seen in relation to the use of natural language processing technologies for …
Fee-Shifting Statutes And Compensation For Risk, Maureen S. Carroll
Fee-Shifting Statutes And Compensation For Risk, Maureen S. Carroll
Articles
A law firm that enters into a contingency arrangement provides the client with more than just its attorneys' labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state fee shifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation …
Iron-Focussed Nutritional Status Of Mothers With Children (6–59 Months) In Rural Northern Ghana, Brenda Ariba Zarhari Abu, Jacques Eugene Raubenheimer, Violet Louise Van Den Berg
Iron-Focussed Nutritional Status Of Mothers With Children (6–59 Months) In Rural Northern Ghana, Brenda Ariba Zarhari Abu, Jacques Eugene Raubenheimer, Violet Louise Van Den Berg
Articles
Background: Anaemia, especially iron deficiency anemia, is an important cause of morbidity and mortality in African women and children. Aim: To assess the intake of nutrients related to iron and anaemia status among mothers in smallholder agrarian communities in Northern Ghana where anaemia is known to be endemic. Setting: Tolon Kumbumgu district and Tamale Metropolis in Ghana. Methods: A cross-sectional study was conducted among 161 mothers with children 6–59 months. Questionnaires on socio-demographics, household food security and production and food frequencies, and three 24-hour recalls were administered during structured interviews, and BMI was assessed. Dietary intakes were analysed with the …
Minds Without Spines: Evolutionarily Inclusive Animal Ethics., Irina Mikhalevich, Russell Powell
Minds Without Spines: Evolutionarily Inclusive Animal Ethics., Irina Mikhalevich, Russell Powell
Articles
Invertebrate animals are frequently lumped into a single category and denied welfare protections despite their considerable cognitive, behavioral, and evolutionary diversity. Some ethical and policy inroads have been made for cephalopod molluscs and crustaceans, but the vast majority of arthropods, including the insects, remain excluded from moral consideration. We argue that this exclusion is unwarranted given the existing evidence. Anachronistic readings of evolution, which view invertebrates as lower in the scala naturae, continue to influence public policy and common morality. The assumption that small brains are unlikely to support cognition or sentience likewise persists, despite growing evidence that arthropods have …
Disaggregating Ineffective Assistance Of Counsel Doctrine: Four Forms Of Constitutional Ineffectiveness, Eve Brensike Primus
Disaggregating Ineffective Assistance Of Counsel Doctrine: Four Forms Of Constitutional Ineffectiveness, Eve Brensike Primus
Articles
For years, experts have blamed Strickland v. Washington’s lax standard for assessing trial attorney effectiveness for many of the criminal justice system’s problems. But the conventional understanding of Strickland as a problem for ineffectiveness claims gives the decision too much prominence because it treats Strickland as the test for all such claims. That is a mistake. Properly understood, the Supreme Court has recognized four different constitutional forms of trial attorney ineffectiveness, and Strickland’s two pronged test applies to only one of the four. If litigants and courts would notice this complexity and relegate Strickland to its proper place, it would …
Leniency And Damages: Where Is The Conflict?, Catarina Marvao Dr., Paolo Buccirossi, Giancarlo Spagnolo
Leniency And Damages: Where Is The Conflict?, Catarina Marvao Dr., Paolo Buccirossi, Giancarlo Spagnolo
Articles
Damage actions may reduce leniency programs’ attractiveness for cartel participants if their cooperation with the competition authority increases the chance that the cartel’s victims will sue them. This apparent conflict between public and private antitrust enforcement led to calls for a legal compromise. We show that the conflict is due to the legislation and a compromise is not required: limiting the victims’ ability to recover their loss is not necessary to preserve the effectiveness of leniency programs and may be counterproductive. We show that damage actions will actually improve its effectiveness, if the civil liability of the immunity recipient is …
Disability And Reproductive Justice, Samuel Bagenstos
Disability And Reproductive Justice, Samuel Bagenstos
Articles
In the spring of 2019, disability and abortion rights collided at the Supreme Court in a case involving an Indiana ban on “disability-selective abortions.” In a lengthy concurrence in the denial of certiorari, Justice Thomas argued that the ban was constitutional because it “promote[s] a State’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.” Just a few months earlier, disability and reproductive rights issues had intersected in a very different way in the debate over the nomination of Brett Kavanaugh to the Supreme Court. Disability rights advocates drew attention to an opinion then-Judge Kavanaugh had written …
Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner
Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner
Articles
This symposium turns to a major debate within a field of international law that has moved from the periphery to center stage in just a few decades—business and human rights, or BHR: Can and should international law's approach to the human rights impacts of business activity shift from today's mostly soft-law framework to a multilateral treaty regime? While advocates for and against such a treaty debate this point at the UN Human Rights Council and other venues, this symposium examines the problem from four theoretical perspectives. Each contribution offers insights for practitioners and scholars alike, but they suggest no easy …
Why R&D Should Be Allocated To Subpart F And Gilti, Stephen E. Shay, Reuven S. Avi-Yonah, Patrick Driessen, J. Clifton Fleming Jr., Robert J. Peroni
Why R&D Should Be Allocated To Subpart F And Gilti, Stephen E. Shay, Reuven S. Avi-Yonah, Patrick Driessen, J. Clifton Fleming Jr., Robert J. Peroni
Articles
This article responds to the notice of proposed rulemaking under sections 861 and 904 (REG105495-19) published in the Federal Register December 17, 2019 (the proposed regulations). The proposed regulations would not allocate U.S. shareholder deductions for research and development or experimentation (R&D or R&E) expenditures under section 174 (R&D deductions) to a gross income inclusion under section 951 (subpart F inclusion) or section 951A (global intangible low-taxed income)1 from a controlled foreign corporation for foreign tax credit limitation purposes.
Reforming State Corporate Income Taxes Can Yield Billions, Darien Shanske, Reuven S. Avi-Yonah, David Gamage
Reforming State Corporate Income Taxes Can Yield Billions, Darien Shanske, Reuven S. Avi-Yonah, David Gamage
Articles
In this installment of Academic Perspectives on SALT, the authors argue that the current crisis is the perfect time to make revenueraising reforms to state corporate income taxes — reforms that would have been desirable policy improvements even during an economic upturn, but that are even more clearly good policy moves in light of the current and upcoming state economic and budgetary crises.
Medical Marijuana, Taxation, And Internal Revenue Code Section 280e, Douglas A. Kahn, Howard J. Bromberg
Medical Marijuana, Taxation, And Internal Revenue Code Section 280e, Douglas A. Kahn, Howard J. Bromberg
Articles
Congress enacted § 280E of the Internal Revenue Code in 1982 to punish businesses engaged in illegal drug trafficking, including marijuana. Section 280E denies all credits and deductions, including ordinary business expenses, from gross income of businesses illegally trafficking in a Schedule I or II controlled substance. This provision violates the principle that the tax code should foster a consistent treatment of income, regardless of source; and that the income tax is ill-used for punitive measures. Now that marijuana has been legalized in some form in at least 46 states for therapeutic purposes, this federal tax penalty transgresses principles of …
Asynchronous Assistance: A Social Network Analysis Of Influencing Peer Interactions In Peerwise, Tomas Shields, Geraldine Gray, Barry J. Ryan
Asynchronous Assistance: A Social Network Analysis Of Influencing Peer Interactions In Peerwise, Tomas Shields, Geraldine Gray, Barry J. Ryan
Articles
This mixed methods, investigative case study explored student patterns of use within the online PeerWise platform to identify the most influencing activities and to build a model capable of predicting performance based on these influencing activities. Peerwise is designed to facilitate student peer-to-peer engagement through creating, answering and ranking multiple choice questions; this study sought to understand the relationship between student engagement in Peerwise and learning performance. To address the research question, various usage metrics were explored, visualized and modelled, using social network analysis with Gephi, Tableau and Python. These findings were subsequently analyzed in light of the qualitative survey …
Sharp Lines And Sliding Scales In Tax Law, Edward Fox, Jacob Goldin
Sharp Lines And Sliding Scales In Tax Law, Edward Fox, Jacob Goldin
Articles
The law is full of sharp lines, where small changes in one’s circumstances lead to significant changes in legal treatment. In many cases, a sharp line can be smoothed out by replacing it with a sliding scale. Under a sliding scale, small changes in one’s circumstances lead to small changes in legal treatment. In this paper, we study the policy choice between sharp lines and sliding scales in tax law. We focus on considerations relating to efficiency, complexity, administration, tax planning, and the objectives of specific provisions. Although sharp lines are currently widespread in tax law, we argue that sliding …
May The State Punish What It May Not Prevent?, Gabriel S. Mendlow
May The State Punish What It May Not Prevent?, Gabriel S. Mendlow
Articles
In Why Is It Wrong To Punish Thought? I defended an overlooked principle of criminalization that I called the Enforceability Constraint. The Enforceability Constraint holds that the state may punish transgressions of a given type only if the state in principle may forcibly disrupt such transgressions on the ground that they are criminal wrongs. As I argued in the essay, the reason why the state is forbidden from punishing thought is that the state is forbidden from forcibly disrupting a person’s mental states on the ground that they are criminally wrongful (as opposed to, say, on the ground that they …
The Eighth Amendment Power To Discriminate, Kathryn E. Miller
The Eighth Amendment Power To Discriminate, Kathryn E. Miller
Articles
For the last half-century, Supreme Court doctrine has required that capital jurors consider facts and characteristics particular to individual defendants when determining their sentences. While liberal justices have long touted this individualized sentencing requirement as a safeguard against unfair death sentences, in practice the results have been disappointing. The expansive discretion that the requirement confers on overwhelmingly White juries has resulted in outcomes that are just as arbitrary and racially discriminatory as those that existed in the years before the temporary abolition of the death penalty in Furman v. Georgia.' After decades of attempting to eliminate the requirement, conservative justices …
On The Relationship Between Developer Experience And Refactoring: An Exploratory Study And Preliminary Results, Eman Abdullah Alomar, Anthony Peruma, Christian D. Newman, Mohamed Wiem Mkaouer, Ali Ouni
On The Relationship Between Developer Experience And Refactoring: An Exploratory Study And Preliminary Results, Eman Abdullah Alomar, Anthony Peruma, Christian D. Newman, Mohamed Wiem Mkaouer, Ali Ouni
Articles
Refactoring is one of the means of managing technical debt and maintaining a healthy software structure through enforcing best design practices, or coping with design defects. Previous refactoring surveys have shown that these code restructurings 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 though analyzing 800 open-source projects. We mine their refactoring activities, and we identify their corresponding contributors. Then, we associate an expertise …
Raman Spectroscopy Of Lymphocytes For The Identification Of Prostate Cancer Patients With Late Radiation Toxicity Following Radiotherapy, Daniel Cullen, Jane Bryant, Adrian Maguire, Denish Medipally, Brendan Mcclean, Laura Shields, Emma Noone, Shirley Bradshaw, Marie Finn, Mary Dunne, Aoife M .Shannon, John Armstrong, Orla Howe, Aidan Meade, Fiona Lyng
Raman Spectroscopy Of Lymphocytes For The Identification Of Prostate Cancer Patients With Late Radiation Toxicity Following Radiotherapy, Daniel Cullen, Jane Bryant, Adrian Maguire, Denish Medipally, Brendan Mcclean, Laura Shields, Emma Noone, Shirley Bradshaw, Marie Finn, Mary Dunne, Aoife M .Shannon, John Armstrong, Orla Howe, Aidan Meade, Fiona Lyng
Articles
The success of radiotherapy in tumour control depends on the total dose given. However, the tolerance of the normal tissues surrounding the tumour limits this dose. It is not known why some patients develop radiation toxicity and, currently, it is not possible to predict before treatment which patients will experience adverse effects. Thus, there is an unmet clinical need for a new test to identify patients at risk of radiation toxicity. Here, we report a new approach based on Raman spectroscopy.Blood samples were collected from 42 patients who had undergone radiotherapy for prostate cancer and had shown either severe or …
A Proposal Digital Marketing Strategy For Marcheluzzo Srl: Training And Evaluating A Prediction Model For The Number Of Adv. Impressions, Charles Alves De Castro
A Proposal Digital Marketing Strategy For Marcheluzzo Srl: Training And Evaluating A Prediction Model For The Number Of Adv. Impressions, Charles Alves De Castro
Articles
This research aims to describe a digital marketing strategy elaborated to be deployed in the MarcheluzzoSrl Company located in Italy. In addition, it intends to give a wide range of information to the company about its customers, target, competitors, market, digital marketing strategy, and potential recommendations. It is also important to highlight that this strategy is focused on the Brazilian market. Most of the information collected for the situational analysis and many other components for this research were gathered through the author`s perception during his internship in the company. The methodology includes secondary data collected through field observation in the …
Commonsense Consent, Roseanna Sommers
Commonsense Consent, Roseanna Sommers
Articles
Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This Article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenariosspanning numerous contexts in which …