Digital Commons Network^™

The Neglect Of Persons With Severe Brain Injury To The United States: An International Human Rights Analysis, Tamar Ezer, Megan S. Wright, Joseph J. Wright

Articles

Brain injury contributes more to death and disability globally than any other traumatic incident. While the past decade has seen significant medical advances, laws and policies remain stumbling blocks to treatment and care. The quality of life of persons with severe brain injury often declines with unnecessary institutionalization and inadequate access to rehabilitation and assistive technologies. This raises a host of rights violations that are hidden, given that persons with severe brain injury are generally invisible and marginalized. This article highlights the current neglect and experiences of persons with severe brain injury in the United States, analyzing the rights to …

Who Gets The Ventilator? Disability Discrimination In Covid-19 Medical-Rationing Protocols, Samuel Bagenstos

Articles

The coronavirus pandemic has forced us to reckon with the possibility of having to ration life-saving medical treatments. In response, many health systems have employed protocols that explicitly de-prioritize people for these treatments based on pre-existing disabilities. This Essay argues that such protocols violate the Americans with Disabilities Act, the Rehabilitation Act, and the Affordable Care Act. Such explicit discrimination on its face violates these statutes. Nor can medical providers simply define disabled patients as being “unqualified” because of disabilities that do not affect the ability to ameliorate the condition for which treatment is sought. A proper interpretation of the …

Rapid Restoration Techniques For Software-Defined Networks, Ali Malik, Ruairí De Fréin, Benjamin Aziz

Articles

There is increasing demand in modern day business applications for communication networks to be robust and reliable due to the complexity and critical nature of such applications. As such, data delivery is expected to be reliable and secure even in the harshest of environments. Software-Defined Networking (SDN) is gaining traction as a promising approach for designing network architectures which are robust and flexible. One reason for this is that separating the data plane from the control plane, increases the controller’s ability to configure the network rapidly. When network failure events occur, the network manager may trade-off the optimality of the …

Importing Prescription Drugs From Canada — Legal And Practical Problems With The Trump Administration's Proposal, Rachel E. Sachs, Nicholas Bagley

Articles

As Americans report ever-growing difficulty affording their prescription drugs, President Donald Trump has come under increasing pressure to act. To date, the Trump administration has attempted to advance a number of policy initiatives by means of executive action, but it has not yet adopted a program that would meaningfully assist patients. Most recently, the administration proposed a rule that, if finalized, would allow states to develop programs to import lower-priced prescription drugs from Canada, with the intent of reducing spending on drugs by U.S. patients and states and increasing access for patients.

Assessing The Market Niche Of Eurasian Rail Freight In The Belt And Road Era., Xu Zhang, Hans-Joachim Schramm

Articles

This paper presents an overview of the recent development of Eurasian rail freight in the Belt and Road era and further evaluates its service quality in terms of transit times and transport costs compared to other transport modes in containerised supply chains between Europe and China.

A trade-off model of transit time and transport costs based on quantitative data from primary and secondary sources is developed to demonstrate the market niche for Eurasian rail freight vis-a-vis the more established modes of transport of sea, air, and sea/air. In a scenario analysis, further cargo attributes influencing modal choice are employed to …

A Generalisable Bottom-Up Methodology For Deriving A Residential Stock Model From Large Empirical Databases., Ciara Ahern, Brian Norton

Articles

Average reference dwellings representing a predominant housing typology are defined in this work. Specifying such reference buildings is a prerequisite for (i) calculating cost-optimal energy performance requirements for buildings and building elements and (ii) ensuring valid calculations of national building energy consumption. In the EU, an Energy Performance Certificate (EPC) rating is an assessment of the energy consumption of a dwelling. The use of inappropriate default-values for the building envelope thermal transmittance coefficients (U-values) and standardised thermal bridging transmittance coefficients (Y-values) in the production of EPCs leads to an over-estimation of potential energy savings from interventions in the existing dwelling …

Commensality And Connection: How Shared Food Experiences Connect Characters In Philip Pullmans His Dark Materials, The Book Of Dust And ‘Lyra’ Stories, Susan Anna Grace

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Commensality is an inherently social activity that shapes society and enacts social dynamics. Consequently, these shared exchanges can reveal much about the society and the individuals who engage in the act. This thesis explores commensality in Philip Pullman’s His Dark Materials trilogy, The Book of Dust Series and companion texts to the novels. The research investigates how commensal exchanges create and maintain connections between characters across the collection. In doing so, it considers how literary characters differ from real-life humans and how the existing body of knowledge on commensality can be applied to literary figures. A qualitative approach was …

Undergraduate Textbook Representations Of Meiosis Neglect Essential Elements, Leslie Kate Wright, Grace Elizabeth C. Dy, Dina L. Newman

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The process of meiosis is an essential topic that secondary and postsecondary students struggle with. The important meiosis-related concepts of homology, ploidy, and segregation can be described using the DNA Triangle framework, which connects them to the multidimensional nature of DNA (chromosomal, molecular, and informational levels). We have previously established that undergraduate biology students typically fail to describe and/or link appropriate levels to their explanations of meiosis. We hypothesize that students' understanding mirrors the resources they are given – in other words, textbook figures often lack many of the important connections that experts include when talking about meiosis. Prior work …

Toward The Automatic Classification Of Self-Affirmed Refactoring, Mohamed Wiem Mkaouer, Eman Abdullah Alomar, Ali Ouni

Articles

The concept of Self-Affirmed Refactoring (SAR) was introduced to explore how developers document their refactoring activities in commit messages, i.e., developers explicit documentation of refactoring operations intentionally introduced during a code change. In our previous study, we have manually identified refactoring patterns and defined three main common quality improvement categories including internal quality attributes, external quality attributes, and code smells, by only considering refactoring-related commits. However, this approach heavily depends on the manual inspection of commit messages. In this paper, we propose a two-step approach to first identify whether a commit describes developer-related refactoring events, then to classify it according …

The Coronavirus And The Risks To The Elderly In Long-Term Care, William Gardner, David States, Nicholas Bagley

Articles

The elderly in long-term care (LTC) and their caregiving staff are at elevated risk from COVID-19. Outbreaks in LTC facilities can threaten the health care system. COVID-19 suppression should focus on testing and infection control at LTC facilities. Policies should also be developed to ensure that LTC facilities remain adequately staffed and that infection control protocols are closely followed. Family will not be able to visit LTC facilities, increasing isolation and vulnerability to abuse and neglect. To protect residents and staff, supervision of LTC facilities should remain a priority during the pandemic.

Theory Of The Nudnik: The Future Of Consumer Activism And What We Can Do To Stop It, Yonathan A. Arbel, Roy Shapira

Articles

How do consumers hold sellers accountable and enforce market norms? This Article contributes to our understanding of consumer markets in three ways. First, the Article identifies the role of a small subset of consumers-the titular "nudniks"-as engines of market discipline. Nudniks are those who call to complain, speak with managers, post online reviews, and file lawsuits. Typified by an idiosyncratic utility function and certain unique personality traits, nudniks pursue action where most consumers remain passive. Although derided in courtrooms and the court of public opinion, we show that nudniks can solve consumer collective action problems, leading to broad market improvements. …

How We Refactor And How We Document It? On The Use Of Supervised Machine Learning Algorithms To Classify Refactoring Documentation, Eman Abdullah Alomar, Anthony Peruma, Mohamed Wiem Mkaouer, Christian D. Newman, Marouane Kessentini, Ali Ouni

Articles

Refactoring is the art of improving the structural design of a software system without altering its external behavior. Today, refactoring has become a well-established and disciplined software engineering practice that has attracted a significant amount of research presuming that refactoring is primarily motivated by the need to improve system structures. However, recent studies have shown that developers may incorporate refactoring strategies in other development-related activities that go beyond improving the design especially with the emerging challenges in contemporary software engineering. Unfortunately, these studies are limited to developer interviews and a reduced set of projects. To cope with the above-mentioned limitations, …

Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr

Articles

Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally …

Understanding Violent-Crime Recidivism, J.J. Prescott, Benjamin Pyle, Sonja B. Starr

Articles

People convicted of violent crimes constitute a majority of the imprisoned population but are generally ignored by existing policies aimed at reducing mass incarceration. Serious efforts to shrink the large footprint of the prison system will need to recognize this fact. This point is especially pressing at the time of this writing, as states and the federal system consider large-scale prison releases motivated by the COVID-19 pandemic. Those convicted of violent crimes constitute a large majority of older prisoners, who are extremely vulnerable to the spread of the virus behind bars. Excluding them from protective measures will deeply undermine those …

Antitrust And The Corporate Tax: Why We Need Progressive Corporate Tax Rates, Reuven S. Avi-Yonah, Lior Frank

Articles

In this article, Avi-Yonah and Frank explore how progressive corporate tax rates could address the abuse of power by monopolistic big tech companies.

Making Employment Arbitration Fair And Accessible, Theodore J. St. Antoine

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Mandatory arbitration agreements require employees, as a condition of employment, to agree to arbitrate all employment disputes instead of filing court suits. The Supreme Court has approved such agreements but many labor experts oppose them. The U.S. House of Representatives has passed a bill to prohibit pre-dispute agreements, the common form for mandatory arbitrations. This article argues that the House bill would have the practical effect of virtually eliminating employment arbitration. Instead, proposals are presented for either legislative or judicial steps to ensure that employment arbitration is fair and accessible. Requirements would include: (1) voluntary agreements on the part of …

Missing In Action: The International Crime Of The Slave Trade, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum

Articles

The slave trade prohibition is among the first recognized and least prosecuted international crimes. Deftly codified in, inter alia, the 1926 Slavery Convention, the 1956 Supplementary Convention, Additional Protocol II to the Geneva Conventions (AP II), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the norm against the slave trade — the precursor to slavery — stands as a peremptory norm, a crime under customary international law, a humanitarian law prohibition and a non-derogable human right. Acts of the slave trade remain prevalent in armed conflicts, including those committed under the Islamic State …

Examining The Case For Socialized Law, Myriam E. Gilles, Gary Friedman

Articles

Most people would agree with Frederick Wilmot-Smith that the rich have no greater claim to justice than the poor. And yet, as Wilmot-Smith points out in his provocative book, Equal Justice: Fair Legal Systems in an Unfair World, our laissez-faire legal-services markets ensure sharply unequal justice for rich and poor. The prescription at the heart of Equal Justice is the deprivatization of markets for legal services. To realize the ideal of equal justice, Wilmot-Smith would equalize the legal talent available to all and replace the market system with a centralized regime loosely analogous to socialized medicine.

Wilmot-Smith’s bold ideas …

Pharmaceutical "Pay-For-Delay" Reexamined: A Dwindling Practice Or A Persistent Problem?, Laura Karas, Gerard F. Anderson, Robin Feldman

Articles

The Supreme Court ruled in FTC v. Actavis that a delay in generic entry may be anticompetitive when part of a patent settlement includes a large and otherwise unjustified value transfer to the generic company, termed a reverse payment patent settlement, or "pay-for-delay." Following Actavis, drug companies have limited the size of reverse payments and have fashioned settlement terms that include more discreet categories of compensation to generic companies. In light of the fact that such settlements retain the potential for anticompetitive effects, the apparent size of the reverse payment may no longer be a useful gauge of the …

Tax Treaties, The Constitution, And The Noncompulsory Payment Rule, Reuven S. Avi-Yonah

Articles

US Tax treaties have been regarded as self-executing since the first treaty (with France) was ratified in 1932. Rebecca Kysar has argued this raises a doubt on whether the treaties are constitutional, because tax treaties (like other treaties) are negotiated by the executive branch and ratified by the Senate with no involvement by the House, and all tax-raising measures must originate in the House under the Origination Clause (U.S. Const. Art I, section 7, clause 7). Her preferred solution is to make tax treaties non-self executing, but that would reverse the universal practice since 1932, and is therefore unlikely. Moreover, …

Competition Wrongs, Nicolas Cornell

Articles

In both philosophical and legal circles, it is typically assumed that wrongs depend upon having one’s rights violated. But within any market-based economy, market participants may be wronged by the conduct of other actors in the marketplace. Due to my illicit business tactics, you may lose profits, customers, employees, reputation, access to capital, or any number of other sources of value. This Article argues that such competition wrongs are an example of wrongs that arise without an underlying right, contrary to the typical philosophical and legal assumption. The Article thus draws upon various forms of business law to illustrate what …

A Model For The Spread Of Infectious Diseases In A Region, Elizabeth Hunter, Brian Mac Namee, John D. Kelleher

Articles

In understanding the dynamics of the spread of an infectious disease, it is important to understand how a town’s place in a network of towns within a region will impact how the disease spreads to that town and from that town. In this article, we take a model for the spread of an infectious disease in a single town and scale it up to simulate a region containing multiple towns. The model is validated by looking at how adding additional towns and commuters influences the outbreak in a single town. We then look at how the centrality of a town …

Nonlinear Photon Pair Generation In A Highly Dispersive Medium, David J. Starling, Jacob Poirier, Michael Fanto, Jeffrey A. Steidle, Christopher C. Tison, Gregory A. Howland, Stefan F. Preble

Articles

Photon pair generation in silicon photonic integrated circuits relies on four wave mixing via the third order nonlinearity. Due to phase matching requirements and group velocity dispersion, this method has typically required TE polarized light. Here, we demonstrate TM polarized photon pair production in linearly uncoupled silicon resonators with more than an order of magnitude more dispersion than previous work. We achieve measured rates above 2.8 kHz and a heralded second order correlation of . This method enables phase matching in dispersive media and paves the way for novel entanglement generation in silicon photonic devices

"With Age Comes Wisdom:" A Qualitative Review Of Elder Perspectives On Healthy Aging In The Circumpolar North., Britteny M. Howell, Jennifer R. Peterson

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No abstract provided.

Rodriguez, Tucker, And The Dangers Of Textualism, Reuven S. Avi-Yonah

Articles

The Supreme Court is increasingly turning toward textualism in interpreting statutes. This is part of its general hostility toward judge-made law, as evidenced by its recent unanimous decision in Rodriguez that there should be no federal common law except in extraordinary circumstances. Textualism poses a particular danger in the tax context because the Internal Revenue Code is so complicated and lends itself to manipulation so that courts have since the 1930s used a variety of judge-made legal doctrines to prevent such results. The classic Gregory decision from 1935 involved just such a case: The literal application of the code resulted …

Optimisation Of Vitamin D Status For Enhanced Immuno-Protection Against Covid-19, Daniel Mccartney, Declan G. Byrne

Articles

Abstract

Background

Vitamin D deficiency (serum 25(OH)D<50nmol/l) is common in Ireland, particularly amongst older adults, hospital inpatients and nursing home residents. Vitamin D deficiency is associated with increased risk of acute viral respiratory infection and community acquired pneumonia, with several molecular mechanisms proposed to explain this association. Vitamin D supplementation has also been shown to reduce the risk of respiratory infection.

Vitamin D and Covid-19

Correction of vitamin D deficiency is thought to suppress CD26, a putative adhesion molecule for Covid-19 host cell invasion. Vitamin D may also attenuate interferon gamma (IFNγ) and interleukin-6 (IL-6) inflammatory responses, both potent predictors of poorer outcome in critically-ill ventilated patients including those with Covid-19.

Vitamin D Requirements

Irish adults require 25-30μg/d of vitamin D3, an intake not achievable by diet alone, to reliably maintain serum 25(OH)D levels >50nmol/l. Supplementation with doses up to 100μg/d has been shown to be safe for adults, and many agencies and expert …

3d Mammalian Cell Culture Models In Toxicology Testing, Janith Wanigasekara, Brijesh K. Tiwari, James Curtin

Articles

3D cell culture can be successfully used as an alternative to laboratory animals, and as a cost effective and time-saving tissue culture technique, which also reduces the trial period for drug testing.

Simulating Cement Hydration Using Hydcem, Niall Holmes, Denis Kelliher, Mark Tyrer

Articles

HYDCEM is a new cement hydration model to simulate volumetric changes and predict phase assemblage, degree of hydration, heat release, compressive strength and chemical shrinkage over time for PC and limestone binders undergoing hydration for any w/c ratio and curing temperatures between 5 and 45 °C. While models should never completely remove experimental analysis, they are an aid to better understand cement hydration and microstructure development by allowing users analyse different binders in a relatively short time. HYDCEM, written in MATLAB®, is aimed at complementing more sophisticated thermodynamic models giving users a reasonable prediction of hydration behaviour over time, using …

Rucho For Minimalists, Benjamin Plemer Cover

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No abstract provided.

Disability Rights And The Discourse Of Justice., Samuel Bagenstos

Articles

Although the ADA has changed the built architecture of America and dramatically increased the visibility of disabled people, it has not meaningfully increased disability employment rates. And the statute continues to provoke a backlash. Disability rights advocates and sympathizers offer two principal stories to explain this state of affairs. One, the “lost-bipartisanship” story, asserts that disability rights were once an enterprise broadly endorsed across the political spectrum but that they have fallen prey to the massive rise in partisan polarization in the United States. The other, the “legal-change-outpacing-social- change” story, asserts that the ADA was essentially adopted too soon—that the …